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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, YARENJUNGLA LONGKUMER
Atowar Ali S/O Late Habibullah Sheikh – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. filing of appeal and charges (Para 1 , 2 , 3) |
| 2. witness accounts of incident (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. investigation findings and seizures (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. role of investigating officers (Para 17 , 18 , 19) |
| 5. expert testimony and evidence analysis (Para 20 , 21 , 22) |
| 6. defense arguments (Para 23 , 24 , 25 , 26 , 27) |
| 7. counter arguments from the prosecution (Para 28 , 29 , 30 , 31 , 32) |
| 8. court's analysis and final judgment (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 9. conclusion of appeal (Para 43 , 44) |
JUDGMENT :
S.K. Medhi, J.
1. The instant Appeal has been filed under Section 374 (2) Cr.P.C 1973, [corresponding to Section 415 of the BNS S ] against the judgment & order dated 21.06.2022 passed by the learned Sessions Judge, Chirang in Session Case No.79/2015 corresponding to Dhaligaon P.S Case No.174/2012 U/S 302 IPC [corresponding to Section 103 of the BNS ] by which the appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.50,000/-, in default, RI for 6 months.
2. The criminal law was set in motion by lodging of the Ejahar dated 17.10.2012 by the PW-1, who is the wife of the deceased Na
Eyewitness testimony and dying declarations of the victim were sufficient to establish guilt in a murder case, despite the absence of established motive.
In a case of circumstantial evidence, the absence of motive is not always fatal to the prosecution case.
The main legal point established in the judgment is the reliance on credible eyewitness testimony, which was corroborated by medical evidence and surrounding circumstances, to prove the guilt of the ....
The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.
A conviction based on circumstantial evidence requires establishing a complete chain of events proving guilt beyond reasonable doubt, and procedural issues do not negate overwhelming substantive evid....
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
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